IN THE HIGH COURT OF ANDHRA PRADESH
SMT JUSTICE V. SUJATHA, J.
Vasireddy Mruthyumjayarao - Appellant
Versus
The State of A.P. - Respondent
CRLP 7588 OF 2019
Decided On : 24-01-2025
(A) Indian Penal Code, 1860 - Sections 417, 420, 354-A, 509, 211 r/w 34 - Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Amendment Act, 2015 - Criminal petitions challenging proceedings for cheating and sexual harassment - Allegations of deceit and failure to fulfill promises of marriage and financial compensation - Court quashed proceedings against certain accused due to lack of specific allegations, while upholding proceedings against one accused. (Paras 2, 15)
(B) Quashing of Proceedings - The High Court's inherent powers under Section 482 of Cr.P.C. allow for quashing proceedings to prevent abuse of process or secure ends of justice - The court must ensure that allegations disclose a criminal offence and are not merely civil disputes cloaked as criminal. (Paras 8, 14)
Facts of the case:
The de-facto complainant alleged that she was deceived by A1 into a relationship, resulting in financial loss and emotional distress, leading to the filing of a complaint after A1 refused to marry her. (Paras 3, 15)
Findings of Court:
The court found that the allegations against A2 to A6 did not constitute any offence, while specific allegations against A1 warranted continuation of proceedings. (Paras 15)
Issues: Whether the proceedings in Crime No.190 of 2019 should be quashed under Section 482 of Cr.P.C. due to lack of sufficient allegations against certain accused. (Para 7)
Ratio Decidendi: The court ruled that the inherent powers under Section 482 should be exercised sparingly and only when no offence is disclosed, emphasizing the need for specific allegations against each accused. (Paras 8, 14)
Result: Criminal Petition No.7588 of 2019 allowed; proceedings against A2 to A6 quashed; Criminal Petition No.7506 of 2019 dismissed.
| Table of Content |
|---|
| 1. complaint lodged by de-facto complainant (Para 3 , 4) |
| 2. petitioners' counsel argues lack of allegations (Para 5) |
| 3. respondent's counsel argues for specific acts (Para 6) |
| 4. point of consideration for quashing (Para 7) |
| 5. inherent powers under section 482 (Para 8) |
| 6. scope of powers under section 482 (Para 9 , 10) |
| 7. complaint must disclose an offence (Para 12 , 13 , 14 , 15) |
| 8. proceedings quashed against a2 to a6 (Para 16) |
ORDER :
Since both the criminal petitions arose out of the same crime number, there being disposed of by this common order.
2. Criminal Petition No.7588 of 2019 is filed by the petitioners/A2 to A6, while Criminal Petition No.7506 of 2019 came to be filed by the petitioner/A1, challenging the proceedings in Crime No.190 of 2019 registered by the Alamuru Police Station, East Godavari District, for the offences punishable under Sections 417, 420, 354-A, 509, 211 read with 34 of the Indian Penal Code, 1860 and Section 3(1)(r) of the Scheduled Caste and the Scheduled Tribe (Prevention of Atrocities)Amendment Act, 2015.
3. The brief facts of the case leading to the present petitions are that the 2nd respondent/de-facto complainant lodged a complaint before the Alamuru Police Station, alleging that she is working as receptionist in Shanthi Children Hospital, Mandapeta and used to travel daily from her village Narsipudi to Mandapeta where she was working. While she is travelling from Narsipudi to Mandapet, she got acquaintance with one Vasireddy Peddayya, who is A1 in the present crime, and used to talk frequently. After some time, the Peddayya told her that he would get good job for her in Sri Ram Finance and accordingly, he got appointed the de-facto complainant as Executive in Sri Ram Finance in gold loan section and later their friendship turned into a love affair. It is further alleged that as A1 wanted to establish a business and was searching for finance, the de-facto complainant got the loan sanctioned for A1 from Sri Ram Finance in the name of Matta Raju and Veera Venkata Satyanarayana by certifying the rold gold articles as gold articles for an amount of Rs.3,60,000/- at the instance of A1, but later, the said amount was not paid, because of which, the Sri Ram company recovered the same from the 2nd respondent/de- facto complainant and also removed her from the company. Apart from that the de-facto complainant also gave an amount of Rs.5,70,000/- to A1 and later she developed physical relationship with A1 and used to spend more time with him at the house of one Jangam Saraswathi at Pulagurta, which was noticed by one of the relatives of Dekkapati Surya Prakasa Rao, who reported the matter to the parents of the de- facto complainant and raised a dispute in the presence of elders on 25.07.2019, for which all the accused threatened and undertook to settle the issue within one month. Later, when the 2nd respondent/de-facto complainant raised an issue regarding her marriage with A1, they refused for the same and abused her in filthy language by using her caste name. On 15.10.2019 when she came to the house of one Challa Subrahmanyam and raised an issue for a marriage, the petitioners refused for the same in the presence of Challa Subbaiah, Nekkanti Rayudu (Bujji), Bunga Sanjay, Lanka Mutyala Rao, Kosana Chinna, Pasalapudi Krishna Murthy Chirra Srinivas and offered to pay compensation of Rs.25 lakhs and handed over the promissory notes, cheques and documents. But however, failed to pay the said amount of Rs.25 lakhs as per their promised period of 15 days and thereby cheated her. Hence, the complaint.
4. Heard learned counsel for the petitioners, learned Public Prosecutor and learned counsel for respondent No.2.
5. Learned counsel for the petitioners would contend that a perusal of the contents of the complaint would not reveal the ingredients of the sections under which the crime was registered. No specific allegations attributed against the petitioners, in the absence of which, continuation of crimin
The court emphasized that inherent powers under Section 482 of Cr.P.C. should be exercised sparingly to quash proceedings only when no offence is disclosed, requiring specific allegations against eac....
The court reaffirmed that inherent powers under Section 482 of Cr.P.C. cannot be used to quash proceedings where allegations prima facie constitute an offense.
The court emphasized that prosecution for cheating requires clear evidence of dishonest intention from the outset, and vague allegations without such intent constitute an abuse of process.
The court quashed proceedings against petitioners as allegations did not constitute offences under IPC or SC/ST Act, emphasizing the necessity of prima facie grounds for prosecution.
The main legal point established in the judgment is that the inherent power under section 482 of the Criminal Procedure Code should be sparingly used and only in exceptional cases to prevent abuse of....
The court quashed proceedings against petitioners as allegations did not constitute an offence under the SC/ST Act, emphasizing the need for prima facie grounds for prosecution.
The court ruled that the absence of dishonest intention in the allegations against the petitioners justified quashing the criminal proceedings under Section 482 of Cr.P.C.
The absence of specific allegations against the petitioner in a criminal complaint warrants quashing of proceedings under Section 482 of Cr.P.C. to prevent abuse of process.
Criminal proceedings cannot be maintained if they are found to be an abuse of process, particularly when the complainant has previously lost in civil litigation.
The court established that civil disputes should not be mischaracterized as criminal offenses to avoid abuse of the judicial process.
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